Carlsbad to redo law-firm vote

The Carlsbad school board on Friday announced that it will redo a vote to renew a $100,000 law-firm contract, one day after U-T Watchdog reported that one board member was in negotiations for a job with the firm at the time.

Board member Kelli Moors stepped down 12 days after the July 24 vote, saying she had obtained a job with the firm.

Moors was one of four board members to vote on the contract renewal for Fagen Friedman & Fulfrost LLP, which provides legal services related to special education and personnel matters.

Moors told the Watchdog this week that she had been in talks with the law firm before the July 24 meeting about accepting a position there. Carlsbad Unified School District officials said they were not aware that Moors was in discussions with the law firm for employment because Moors did not tell anyone at the district.

State law prohibits elected officials from participating in or influencing any decision that would financially benefit a prospective employer at a time when the elected official is in negotiations with the employer.

The school board will revote on the contract at its Sept. 11 meeting, according to a statement from school board President Elisa Williamson, who also said she will recommend that the district limit its use of the law firm to critical services, lowering the contract amount.

“Although the board is not privy to the details surrounding the timing of Ms. Moors’ discussion with the firm, in an abundance of caution, the contract ... will be brought back for a revote,” Williamson said. “Revoting on the contract renewal after Trustee Moors’ departure will obviate any questions about the validity of the board’s ultimate vote under the law.”

Carlsbad Superintendent Suzette Lovely said if she had known of Moors’ pending employment at the time of the July 24 vote, she would have encouraged Moors to not participate.

“My role has always been to make sure we are adhering to whatever the government code would be for any particular issue,” Lovely said. “If I had known that an employment contract was underway, certainly I would have made sure she recused herself.”

Moors told the Watchdog this week that she did not inform anyone in the district about her job search because did not want any appearance of a conflict-of-interest.

Gary Winuk, enforcement chief for the state’s Fair Political Practices Commission, said an elected official’s vote can present a conflict whether she tells anyone about it or not.

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“The general rule is that once you begin employment negotiations with an outside entity, you may not make, participate in or influence a decision regarding that entity,” Winuk said.

Lovely said she believed that Moors did not intend to violate any laws when she participated in the July vote. Her subsequent resignation, Lovely said, was specifically to avoid a conflict between her roles with the district and the firm.

“Kelli has always been very thoughtful in her decision making and being cognizant of what the regulations are when there are potential conflicts,” Lovely said. “In fairness to her record of exemplary service, it is important to recognize that there was no malicious intent with her actions.”

Williamson, who had served with Moors since they both were elected in 2000, echoed Lovely’s sentiments.